Grover Junior Kegley, 40, of Route 1, Nickelsville
– charged with 13 misdemeanor counts of cruelty to animals involving miniature
horses and ponies, pled guilty to four counts on August 10th during his appearance
in Scott County General District Court before Judge Larry Lewis. Kegley’s
fate on the additional nine charges will be decided by Judge Lewis after he
reviews briefs filed by attorneys on both sides. Judge Lewis is expected to
render a decision on final charges on September 5th.

Kegley was charged July 28th with the counts dealing
with 12 miniature horses and one pony discovered during the execution of a search
warrant on his property in the McConnell Hollow community.

During the trial, Scott County Animal Control Officer
Rick Barger testified he had received a complaint on July 27th of a pony that
was suspected to be living in a horse trailer for as long as two years. Barger
stated he observed the pony in the trailer putting his nose through the slats
and found other miniature horses on the property in need of medical attention.
He further stated that he obtained search warrants and notified the State Veterinarian’s
Office and the Commonwealth Attorney’s office. Barger testified that the
pony in the trailer had apparently not been taken out of the trailer for some
time – grass had grown up around the horse trailer that had plywood walls.

A search of Kegley’s property revealed a total
of 13 horses in various stages of health. Three miniature horses were found
very emaciated and one had difficulty walking. Veterinarian Dr. David Redwine
examined one of the horses at the site after it fell down. Veterinarian Dr.
Bill Fuller had examined the same horse a few days later after it suffered from
seizures. Dr. Redwine looked at all the horses as they were loaded onto horse
trailers and taken off the property.

The Scott County Regional Horse Association has
all of the horse currently in the custody of their members. One of the horses
died since it was removed but the others remain in fair to good shape.

Dr. Redwine testified that some of the horses in
the third field looked better than others. He described them as strong but hard
to restrain. He further stated that grass food was available for the horses
but could not say if he saw grain bins or pans. Dr. Redwine further testified
that the pony in the trailer had adequate body condition – neither fat
or thin, and referred to it as free spirited, rather than wild. He did state
that the pony could possibly require long-term care because it had long, overgrown
hooves. Judge Lewis asked Dr. Redwine if the case only involved the seven horses
in the larger field, would he have found anything wrong and Dr. Redwine replied
no, he would not have.

Dr. Fuller testified that he knew Kegley but had
not previously treated any of his horses. He also described three very emaciated
horses that he examined on two different occasions. One of the three died and
one other is still very thin and weak. When asked for a cause of death of the
horse, Dr. Fuller described it as very thin and weak but would not say emaciation
was the cause of death.

David Finch, whose brother is a neighbor of Kegley,
testified that he had never seen one of the small horses outside of the field.
He also described the horses as skinny and weak. He further stated that he never
saw Kegley caring for the animals.

Kegley’s attorney Carl McAfee explained there
was not sufficient evidence based on Dr. Redwine’s veterinarian report
to convict his client on the nine charges. Prosecutor Dan Fellhauer countered
that the evidence was there for a conviction sufficient for the seizure of the
animals.

The commonwealth asked for Kegley to be found guilty
on all 13 counts; for all 13 horses to be seized and Kegley ordered to never
own horses again. Jude Lewis explained that he was not sure by state law, if
he could give that order and specified both attorneys to file briefs on all
positions, both civil and criminal with their justifications for their position.

Cruelty to animals is a Class 1 misdemeanor, punishable
by a maximum sentence of 12 months in jail and a $2500 fine.

Update 11/24/06:
Kegley, who pled guilty to four charges of animal cruelty and was found guilty
on two other counts is appealing his sentence. Kegley pled guilty to four charges
of animal cruelty stemming from the discovery this summer of 13 malnourished
animals. General District Judge Larry Lewis found Kegley guilty on two other
counts.

Kegley was sentenced to a year on each of the six
convictions, with 10 months suspended on each charge. He would have to serve
two months consecutively on all six counts plus pay restitution to the SCHA
for boarding of the horses, feed and veterinary bills. He was also fined $5,000
and given two years supervised and three years unsupervised probation. Kegley
appealed the sentence to Scott County Circuit Court.

Assistant Commonwealth's Attorney Dan Fellhauer
petitioned to have all the animals permanently removed from Kegley and have
a stipulation to his punishment be that he never again own companion animals.
That order was denied, and the seven horses he was found not guilty of abusing
were returned to Kegley. A Civil Forfeiture Case that would have allowed Fellhauer
to have all the horses removed from Kegley is also being appealed.

Fellhauer stated, "He's appealed that, and
they are pending a trial which will probably be scheduled for December."
"The jury could find him not guilty, guilty with a possible year on each
sentence, or he could plead guilty and ask the judge to sentence him."

The animals - 12 miniature horses and one pony -
were in various stages of malnourishment, said Assistant Commonwealth's Attorney
Dan Fellhauer.

Kegley owned all 13 animals, Fellhauer said.

Of the 13 animals, four were in bad shape, and one
of those died, Fellhauer said.

Fellhauer petitioned to have all the animals permanently
removed from Kegley and have a stipulation to his punishment be that he never
again own companion animals. That order was denied, and the seven horses he
was found not guilty of abusing were returned to Kegley.

A civil forfeiture case that would have allowed
Fellhauer to have all the horses removed from Kegley is also being appealed.

Update 1/12/07:
A 41-year-old Nickelsville man charged with cruelty to a herd of horses and
ponies entered a plea and will make restitution to the county for care of the
animals.

13 of Kegley's horses were removed July 28, 2006,
after they were found to be malnourished. Of the original 13, one died
shortly after the horses were seized. Another two were sick, but recovered.

Seven of the animals recovered well and were returned
to Kegley. The five remaining animals - four miniatures horses and one pony
- will be disposed of by the Scott County Regional Horse Association.
"Disposed of in the legal sense," said Assistant Commonwealth's Attorney
Dan Fellhauer.

Members of the association have cared for the horses
since they were seized from Kegley's farm in July.

The decision was made to offer a plea agreement
to Kegley in order to find the animals new homes more quickly, Fellhauer said.
"We wanted to do an adoption rather than an auction to get the best home
for them," he said.

If the cases had been taken to trial, the horses
could have been left in limbo until a final disposition of all the charges.
That could have taken two years or more, Fellhauer said. There is also
the chance that a judge would have objected to Kegley being charged with six
different counts of animal cruelty, Fellhauer said.

Kegley was given 12 months suspended jail time on
each of six counts of animal cruelty. He will serve from one to three years
of supervised probation depending on how well he follows the rules of his probation.
He will serve the remainder of a six-year probation period unsupervised.

Kegley also agreed to pay $8,000 in restitution
to the county and almost $2,000 in court costs, Fellhauer said. "He
agreed to pay the restitution for boarding and vet bills and to allow the horses
to be adopted, Fellhauer said.

Though it would have been difficult to prove Kegley
owned the horses and ponies, he was responsible for them at the time they were
seized, Fellhauer said.

"He did a good thing by pleading guilty and
taking responsibility," Fellhauer said.

After Kegley signs documents allowing the horses
to be adopted, the Scott County Regional Horse Association will start a screening
process, Fellhauer said.